A Guide to Preparing a Compassionate Release Motion (Update)

This course updates the previous presentations, from 2021, to incorporate important developments with respect to preparing a "compassionate release" motion for federal inmates pursuant to 18 U.S.C. §3582(c)(1)(A)(i), as amended by the First Step Act ("FSA"), P.L. 115-391.  In addition to case law affecting the procedural requirements such as exhaustion and ripeness, those developments affect the substantive aspects of such a motion as well - including the labeling of the motions as one for "compassionate release."

Case law, particularly that decided during the Covid-19 pandemic, and significant subsequent Sentencing Guidelines amendments, have substantially redefined the contours of a motion to modify a sentence.  In addition, certain norms and conventions have evolved to provide guidance to practitioners and clients with respect to the appropriate timing of such motions, and what elements to include that will persuade judges to grant them.  In turn, that knowledge will inform practitioners and clients of the resources, i.e., letters. Medical records, and other information, should be collected and assembled for inclusion in an effective motion.

Learning Objectives:

1. Review the components of a compassionate release motion pursuant to §3582
2. Discuss developments since 2021 regarding the exhaustion requirement and other procedural obstacles
3. Analyze important decisions interpreting and applying §3582
4. Identify the Sentencing Guidelines amendments affecting §3582 motions
5. Examine evolving conventions and norms in §3582 motions
6. Develop strategies and resources for an effective §3582 motion
7. Draft appeals and subsequent §3582 motion